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An empirical study: How to introduce effective review mechanisms into statutory adjudication?

journal contribution
posted on 06.02.2018, 00:00 by Samer Skaik
In recent years, courts have been more willing to intervene in adjudication process due to poor quality of adjudication outcome. This situation has encouraged aggrieved parties to challenge adjudication determinations by way of judicial review resulting in numerous judicial review applications. This has eroded the original object of the security of payment legislation. The aim of this paper is to review experts’ views about the need of introducing review mechanism, essential features and potential barriers. The paper adopts “expert interviews” as a method to collect empirical data where 23 experts, involved in adjudication, were interviewed from Australia and Singapore. The paper concludes with a set of proposed guidelines for introducing effective review mechanisms into statutory adjudication. The guidelines are devised to counter potential barriers addressed in the empirical study and they can be adopted in any jurisdiction operating the SOP legislation.

History

Volume

33

Issue

4

Start Page

291

End Page

310

Number of Pages

20

ISSN

0267-2359

Publisher

Sweet and Maxwell

Peer Reviewed

Yes

Open Access

No

Era Eligible

Yes

Journal

Construction Law Journal

Exports